Allstate Ins. Co. v. Mayflower Transit, LLC

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Defendant Mayflower Transit, LLC’s Motion for Summary Judgment came before the Court for hearing on April 13, 2009. After reviewing and considering all papers filed in support of, and in opposition to, the Motion, as well as the arguments advanced by counsel at the hearing, the Court GRANTS the Motion.

I. BACKGROUND

On January 5, 2009, Plaintiff Allstate Insurance Company (“Plaintiff’), as subrogee for Brian Miller, filed a form Complaint in the California Superior Court, Riverside County, against Defendant Mayflower Transit, LLC (“Defendant”), alleging the following claims: (1) “Motor Vehicle;” (2) “General Negligence;” and (3) “Equitable Subrogation.” (See Not. of Removal at 7.) Defendant removed the action to this Court on February 20, 2009.

On February 25, 2009, Defendant filed a “Motion to Dismiss Complaint.” Plaintiff filed Opposition on March 9, 2009; Defendant filed a Reply on March 16, 2009. On the face of Plaintiffs Complaint, it is unclear whether Brian Miller hired Defendant to move his belongings within California or outside of the state. On March 18, 2009, the Court, sua sponte, converted Defendant’s Motion…